Advertising child porn is a category B felony. The sentence under NRS 200.725 is:

• 1 – 15 years in Nevada State Prison, and/or
• up to $15,000 in fines, and
• 25 years as a Tier II sex offender

Prosecutors may agree to lessen or dismiss the charges through a plea bargain. Some defense strategies to NRS 200.725 accusations are:

1. the defendant’s state of mind was not “knowing,”
2. the materials are protected by the First Amendment, and
3. the defendant was not preparing, advertising or distributing materials

In this article, our Las Vegas criminal defense attorneys discuss adverting or distributing child pornography. Click on a topic to jump to that section:

• 1. Definition
• 2. Penalties
• 3. Defenses
• 4. Immigration consequences
• 5. Record seals
• 6. Related offenses

1. Definition

NRS 200.725 makes it a Nevada crime for a person to knowingly prepare, advertise, or distribute “any item or material that depicts a minor engaging in, or simulating, or assisting others to engage in or simulate, sexual conduct.” Sexual conduct includes:

• sexual intercourse,
• lewd exhibition of the genitals,
• fellatio,
• cunnilingus,
• bestiality,
• anal intercourse,
• excretion,
• sado-masochistic abuse,
• masturbation,
• the penetration of any part of a person’s body, or
• the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another

In summary, adverting or distributing pamphlets, magazines, photos, videos, or any other materials containing porn with a child under 18 is illegal in Nevada. It is irrelevant if the defendant earns no money from it.¹

2. Penalties

An NRS 200.725 charge is prosecuted in Nevada as a category B felony. The punishment is:

• one to fifteen (1 – 15) years in prison, and/or
• up to $15,000 in fines²

A conviction also requires the defendant to register for 25 years as a Tier II offender on the Nevada Sex Offender Registry. During that time, the defendant’s identity will be publicly searchable online.³

In addition to any fines, the defendant may have to give up any money or property he/she received from the proceeds of the pornography. Read more about asset forfeiture.⁴

Note that an arrest is just the beginning of a criminal case. The charges could be reduced or possibly dismissed through negotiation.

3. Defenses

Typical defenses to NRS 200.725 charges are:

1. the defendant did not act knowingly,
2. the materials were not pornography, and/or
3. the defendant did not prepare, advertise, or distribute the materials

3.1. The defendant did not act knowingly

A prerequisite for a criminal conviction of advertising child pornography is that the defendant’s actions be “knowing.”⁵

Example: Ben is a freelance marketer who is hired to advertise DVDs online that are labeled as an independent art film. Ben is never told that the DVDs are actually kiddie porn, and he is never given a DVD to watch. Therefore, Ben is not guilty of advertising child porn because he had no idea that the materials depicted sex acts with minors.

Had Ben in the above example been given a copy of the DVD, it would be harder for his defense attorney to argue that he had no idea what the DVD contained. But even then, the D.A. would bear the high burden of proof to show beyond a reasonable doubt that Ben acted knowingly.

3.2. The materials were not pornographic

Sometimes police seize materials that they initially believe depict child porn but are in fact perfectly legal under the U.S. Constitution. If the materials in question have “serious literary, artistic, political, or scientific value,” then NRS 200.725 charges do not apply.⁶

If the case goes to trial, the defense attorney may try to introduce such evidence as expert witnesses or similar images or videos that are legal. (Note that Nevada courts can order the D.A. to make copies of the alleged child pornography to give to defense counsel for the purpose of building a defense.)⁷

3.3. The defendant did not prepare, advertise, or distribute the materials

If the defense attorney can convince the D.A. that the defendant merely possessed the pornography and never distributed it, the D.A. should reduce the charge down to possession. A first-time offense of possessing child pornography carries potentially lesser penalties than advertising.⁸

4. Immigration consequences

Advertising child pornography is likely a crime involving moral turpitude and therefore a deportable offense.⁹ However, an experienced criminal defense attorney may be able to get the D.A. to change the charge to something that does not threaten an alien defendant’s legal status.

5. Record seals

An NRS 200.725 conviction is never sealable in Nevada, no matter how much time passes.¹⁰ But if the D.A. dismisses the charges, then the defendant can begin the process of getting the arrest record sealed right away.¹¹ Read about how to seal Nevada criminal records.

6. Related offenses

6.1. Using a minor to produce pornography

Using a minor to produce pornography (NRS 200.710) is treated as a category A felony. The punishment is a life sentence and fines of up to $100,000.

6.2. Promoting a child sexual performance

Like violating NRS 200.710, promoting a sexual performance of a child (NRS 200.720) is also treated as a category A felony with identical penalties: Life in prison and up to $100,000 in fines.

6.3. Using the internet to view child pornography

Viewing child pornography online (NRS 200.727) is prosecuted as a category C felony for a first-time offense. The sentence is one to five (1- 5) years in prison and possible fines of up to $10,000.

6.4. Possessing child pornography

Possessing child pornography (NRS 200.730) is prosecuted as a category B felony for a first-time offense. The sentence is one to six (1 – 6) years in prison and possibly up to $5,000 in fines.

Are you being investigated for child pornography in Nevada? Contact our Las Vegas criminal defense attorneys at any time for a case analysis.

Our goal is to try to get your charges dismissed or reduced to a lesser offense. But we are always ready to go to trial and present the best defense available to a jury.

Legal References